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1971 Supreme(P&H) 125

D.K.MAHAJAN
Union Of India – Appellant
Versus
Hari Krishan Joshi – Respondent


Judgment

1. This petition for revision is directed against the order of the trial Court holding that there could be no unilateral reference to arbitration. The case of the petitioner is that there was a contract between the Union of India and the respondents. In the contract there is an arbitration clause to the effect that any differences or disputes arising between the parties with reference to the contract, will be settled by the sole arbitration of General Manager or his nominee. According to the petitioner the disputes having arisen the matter was referred to the nominee of the General Manager. It is common ground that no notice of this reference was given to the respondent or that after notice he refused to participate in the reference. It is only after the reference had been made that the arbitrator sent a notice to the respondent and the respondent then made an application under Section 33. Two principal grounds were urged in that application, that the arbitration may be set aside under Section 33 wherein a prayer has been made (1) that there is no valid reference and the arbitrator cannot proceed with the same; and (2) that there was no completed contract and, therefore, th











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